SUBHASH CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners have approached this Court, praying for issuance of a writ of mandamus directing respondent Nos.1 and 2 i.e. State of Haryana and Registrar, Cooperative Societies, Haryana, to initiate action in accordance with law on the enquiry report dtd. 26/5/2017, Annexure P- 7, recommending action under Sec. 98 of the Haryana Cooperative Societies Act, 1984, on the ground that there has been bungling at the end of the bank and its officials relating to loan being handed over to EMU farmers who had been cheated by the Chairman of M/s Galaxy Agro Foods International, New Mandi, Sirsa-respondent No.4 in collusion and in connivance with the officials of respondent No.3-the Sirsa Central Cooperative Bank Limited, Sirsa.

(2.) Without issuing notice to the respondents, copies were supplied to counsel for the State by this Court vide order dtd. 12/11/2018 and in pursuance thereof various orders were passed, including the one on 11/2/2019, which reads as under:-

(3.) Learned counsel for the petitioners has referred to the inquiry report of Inspector, Cooperative Societies, Ellenabd-II, who was appointed as an Inquiry Officer on the basis of a complaint submitted by the petitioners to the Chief Executive Officer on 8/4/2017. The inquiry report is dtd. 26/5/2017 (Annexure P-7), according to which it has been to a great extent found that the allegations of the petitioners that blank forms, and other documents including cheques were got signed from the persons, who were wanting the benefit of loan for raising an Emu Farm, which was never disbursed to them, whereas they have been forced to face the litigation under Sec. 138 of the Negotiable Instruments Act at the behest of the bank, which has disbursed the said loan to the Chairman, M/s Galaxy Agro Foods International-respondent No.4, are correct. He, thus, contends that the second inquiry would not be required.